Legal Question in Traffic Law in Georgia

Can they do this?

3 Cars were stoped in front of me. I was going about 3 or 5 mph, slowing down to stop. A car hit me from behind (going about 40+ mph). She pushed me into the car in front of me. She hit me hard enough todo $3K worth of damage to my truck, around $4K to the car in front of me, and totaled her car. Well after the police got all their info the cop working the wreck told me I could leave. He didnt give me a ticket (cuz it wasn't my fault). My tail gate was thrown from my truck. So I picked it up placing it in the bed of my s-10. I was still in shock from the wreck and forgot to tie it down. So after the officer told me I could leave, I left. The tail gate fell out about 100ft from the wreck. So I turned around and put it back in the bed. I drove to the store across the street from the wreck to tie the tail-gate in. As I was doing that another cop came to me and said he had to give me a ticket. I asked for what and why and why did he not give me a ticket the first time. He said for following to close but he didnt know why. Can he tell me to leave but when I come back give me a ticket?

The cop that signed the ticket didnt feel it out. He signed it and gave it to another cop and told him to feel it out.


Asked on 11/25/02, 8:32 pm

1 Answer from Attorneys

Deric Beaudoin Mabry & McClelland, LLP

Re: Can they do this?

you probably have a good defense to the following too closely citation. all you have to say is that you were pushed into the car ahead of you by the car that hit you. with that in mind no judge should let that ticket stand, but you never know. you also have a personal injury case against the driver who hit you from the rear that you may wish to pursue. I recommend an attorney to help you with the following too close citation but you may be okay if you just go to court on your own with your defense being that you simply weren't following to closely and the car that rear-ended you caused you to strike the car ahead of you. please call me if you have any questions or want to discus further. 404-728-8027

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Answered on 11/26/02, 8:52 am


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